The present confusion on St. Maarten caused by the row between Government and Parliament can be largely blamed on the lack of knowledge of how constitutional law works. The major players all displayed an alarming ignorance about the respective rights of the two branches of government involved in the conflict, Parliament and Government or the Council of Ministers.
William Marlin created the conflict by not understanding government's right to dissolve Parliament. His refusal to resign when it became clear that his government no longer enjoyed majority support in Parliament rightfully inflamed the UPP fraction. Our constitution is clear on this matter. The explanatory notes, which Marlin perhaps did not study, clearly state that Ministers must resign when they receive a clear message that they no longer have support in Parliament. The letter from the eight MP's stating that they no longer supported his government was a clear indication. The vote of no confidence was not necessary. He should have resigned forthwith. This is exactly what Schotte did in Curacao when he got wind that he no longer enjoyed majority support in Parliament. By the time Parliament got around to the no confidence vote, the governor already had received his cabinet's resignation along with the resolution (LB) dissolving Parliament and calling for new elections. The vote of no confidence that followed was an empty shell. Marlin could have avoided all the drama and confusion by understanding the constitution and following the steps Schotte took.
Because William Marlin did not know or understand that he also had the right to resign and dissolve Parliament (Just like Schotte), he chose the unconstitutional route of refusing to resign. What he should have done, was to obey the wishes of the majority and resign, then use the authority granted to him under the constitution, dissolve Parliament and call new elections. The UPP/DP majority in Parliament might not have liked that turn of events, but Parliament has no say in the matter. The right to dissolve Parliament belongs to government and government alone. It is their tool in the battle of wills between both.
Sarah Wescot Williams is perhaps the biggest culprit in all this. She displayed her ignorance of Constitutional Law when she tried to prevent the majority of the Council of Ministers from dissolving Parliament. First of all, she should have known that one of the responses to losing the majority in Parliament is for Government to in turn dissolve Parliament and call new elections. She is part of government and the Prime Minister to booth. She should have known better. Her refusal to table the agenda point to dissolve Parliament was not only wrongheaded, but unconstitutional as well. By doing so, she abandoned the constitutional order, and entered uncharted territory. A very unwise and poorly thought through decision. After all, she knows what article 20 of the Rules of Order of the Council of Ministers state: Decisions are made by the majority in the council of Ministers.
The UP faction's mistake was double; regret that when the shoe was on the other foot, through ignorance of constitutional law they meekly caved in to the opposition's demands and resigned, but did not dissolve Parliament and call new elections. They are now compounded that error by wrongfully arguing that Parliament should not be dissolved because after all, there is a majority ready to support the new government. They overlooked the fact that in our constitutional order, there is a separation of powers. Government cannot tell Parliament when, or when not to hold a vote of no confidence. That right belongs to Parliament and Parliament alone. Parliament on the other hand cannot tell government when or when not to dissolve government. That right belongs to government and government alone. Their letter to the governor urging him not to consider the LB dissolving Parliament is therefore laughable in its ignorance.
Governor Holiday is now faced with a fait accompli. He has an LB to dissolve Parliament along with the resignation of the Council of Ministers. One understands Sarah's plight. She has been sacked against her will. But, that possibility is always there, the right to pass the resolution to dissolve Parliament belongs to the Majority in the Council of Ministers. There will be new elections in July as stated in the LB.
St. Maarten is a young country and hopefully this experience has served as a lesson. Both Parliament and Government now better understand their respective spheres of influence a little better. Jumping ship has now become a risky move. Everyone now knows that government can dissolve Parliament and call new elections any time it loses majority support. Ship Jumpers will then have to face the wrath of the voters.
